IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 28114/2013 (GM-POLICE) BETWEEN:
MR.DEVARAJ.S S/O SHAMBULINGEGOWDA, AGED ABOUT 27 YEARS, RESIDING AT M.SHIVAR VILLAGE AND POST, BAGAR HOBLI, CHANNARAYAPATTANA TALUK, HASSAN DISTRICT – 573 111. PETITIONER (BY SRI S.A.H.RAZVI, PRIME LAW ASSTS, ADV.-ABSENT-) AND:
1. D G & I G OF POLICE NRUPATHUNGA ROAD, BENGALURU – 560 001.
2. CHANNARAYAPATTANA RURAL POLICE STATION CHANNARAYAPATTANA, REP. BY STATION HOUSE OFFICER, PIN – 573 111.
3. DR.MAHESH, DISTRICT SURGEON AGED ABOUT 38 YEARS, GOVT. HOSPITAL, CHANNARAYAPATTANA- 573 111.
…RESPONDENTS (BY SRI.VIJAY KUMAR.A.PATIL, AGA FOR R-1 & R2 SRI.HALESHA.R.G, ADV. FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THAT THE CASE BEARING FIR NO.86/2012 DATED 7.6.2012 REGISTERED BY THE CHANNARAYAPATTANA RURAL POLICE STATION BE TRANSFERRED TO THE COD AND THEY BE DIRECTED TO INVESTIGATE THE CASE AND TAKE FURTHER ACTION IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appears for the petitioner.
Sri Vijaykumar A.Patil, Additional Government Advocate for Respondents No.1 and 2. Sri Halesha.R.G., learned counsel for Respondent No.3.
2. In this petition, the petitioner interalia seeks for a writ of mandamus to direct that the case bearing FIR No.86 of 2012 dated 07.06.2012 registered by the Channarayapattana Rural Police Station be transferred to the COD and they be directed to investigate the case and take further action in accordance with law.
3. When the matter was taken up today, learned Additional Government Advocate submitted that Respondent No.2 took up the investigation of the case and inpsite of the best efforts, the respondent has not been able to trace the accused- driver and the vehicle which was involved in the accident. Thereafter, the respondents have filed ‘C’ report before the Additional Civil Judge and Judicial Magistrate First Class.
4. In view of the aforesaid submission, a memo is filed before this Court and the same is taken on record.
5. In view of the aforesaid memo, the writ petition is disposed off with liberty to the petitioner to take recourse of such remedy available to him in law.
Sd/- JUDGE DH